Armistice

Last updated
Ratification of the Treaty of Munster, 1648 Westfaelischer Friede in Muenster (Gerard Terborch 1648).jpg
Ratification of the Treaty of Münster, 1648

An armistice is a formal agreement of warring parties to stop fighting. It is not necessarily the end of a war, as it may constitute only a cessation of hostilities while an attempt is made to negotiate a lasting peace. [1] It is derived from the Latin arma, meaning "arms" (as in weapons) and -stitium, meaning "a stopping". [2]

Contents

The United Nations Security Council often imposes, or tries to impose, ceasefire resolutions on parties in modern conflicts. Armistices are always negotiated between the parties themselves and are thus generally seen as more binding than non-mandatory UN cease-fire resolutions in modern international law.

An armistice is a modus vivendi and is not the same as a peace treaty, which may take months or even years to agree on. The 1953 Korean War Armistice Agreement is a major example of an armistice which has not been followed by a peace treaty. An armistice is also different from a truce or ceasefire, which refer to a temporary cessation of hostilities for an agreed limited time or within a limited area. A truce may be needed in order to negotiate an armistice.

International law

Under international law, an armistice is a legal agreement (often in a document) that ends fighting between the "belligerent parties" of a war or conflict. [3] At the Hague Convention of 1899, three treaties were agreed and three declarations made. The Convention with respect to the Laws and Customs of War on Land stated, "If [the armistice's] duration is not fixed," the parties may resume fighting (Article 36) as they choose but with proper notifications. That is in comparison to a "fixed duration" armistice in which the parties may renew fighting only at the end of the particular fixed duration. When the belligerent parties say in effect that "this armistice completely ends the fighting" without any end date for the armistice, the duration of the armistice is fixed in the sense that no resumption of the fighting is allowed at any time. For example, the Korean Armistice Agreement calls for a "ceasefire and armistice" and has the "objective of establishing an armistice which will ensure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved." [4]

Armistice Day

Armistice Day (which coincides with Remembrance Day and Veterans Day, public holidays) is commemorated every year on 11 November to mark the Armistice of 11 November 1918 signed between the Allies of World War I and the German Empire at Compiègne, France, for the cessation of hostilities on the Western Front of World War I, which took effect at eleven o'clock in the morning, the "eleventh hour of the eleventh day of the eleventh month" of 1918.

Most countries changed the name of the holiday after World War II to honor veterans of that and subsequent conflicts. Most member states of the Commonwealth of Nations adopted the name Remembrance Day, and the United States chose Veterans Day.

Early modern history

20th century

Related Research Articles

<span class="mw-page-title-main">Law of war</span> International regulations of warfare

The law of war is a component of international law that regulates the conditions for initiating war and the conduct of hostilities. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.

<span class="mw-page-title-main">Non-combatant</span> Person who does not take a direct part in hostilities during war

Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties ; combatants who are placed hors de combat; and neutral persons, such as peacekeepers, who are not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864.

<span class="mw-page-title-main">Declaration of war</span> Formal act by which one state announces war against another

A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act by an authorized party of a national government, in order to create a state of war between two or more states.

<span class="mw-page-title-main">Hudna</span> Arabic-language term for a truce or armistice

A hudna is a truce or armistice. It is sometimes translated as "cease-fire". In his medieval dictionary of classical Arabic, the Lisan al-Arab, Ibn Manzur defined it as:

<span class="mw-page-title-main">Hague Conventions of 1899 and 1907</span> Treaties on the laws of war

The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I.

<span class="mw-page-title-main">Peace treaty</span> Agreement to formally end hostilities between two or more warring parties

A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surrender, in which an army agrees to give up arms; or a ceasefire or truce, in which the parties may agree to temporarily or permanently stop fighting.

<span class="mw-page-title-main">Ceasefire</span> Temporary agreement to stop a war

A ceasefire, also spelled cease fire, is a stoppage of a war in which each side agrees with the other to suspend aggressive actions often due to mediation by a third party. Ceasefires may be between state actors or involve non-state actors.

<span class="mw-page-title-main">1954 Geneva Conference</span> International conference on dismantling French Indochina

The Geneva Conference was intended to settle outstanding issues resulting from the Korean War and the First Indochina War and involved several nations. It took place in Geneva, Switzerland, from 26 April to 20 July 1954. The part of the conference on the Korean question ended without adopting any declarations or proposals and so is generally considered less relevant. On the other hand, the Geneva Accords that dealt with the dismantling of French Indochina proved to have long-lasting repercussions. The crumbling of the French colonial empire in Southeast Asia led to the formation of the states of the Democratic Republic of Vietnam, the State of Vietnam, the Kingdom of Cambodia, and the Kingdom of Laos. Three agreements about French Indochina, covering Cambodia, Laos, and Vietnam, were signed on 21 July 1954 and took effect two days later.

<span class="mw-page-title-main">Paris Declaration Respecting Maritime Law</span> 1856 international treaty with legal novelty that nations could accede afterwards

The Paris Declaration respecting Maritime Law of 16 April 1856 was an international multilateral treaty agreed to by the warring parties in the Crimean War gathered at the Congress at Paris after the peace treaty of Paris had been signed in March 1856. As an important juridical novelty in international law the treaty for the first time created the possibility for nations that were not involved in the establishment of the agreement and did not sign, to become a party by acceding the declaration afterwards. So did altogether 55 nations, which otherwise would have been impossible in such a short period. This represented a large step in the globalisation of international law.

<span class="mw-page-title-main">Armistice of 11 November 1918</span> Armistice ending the First World War

The Armistice of 11 November 1918 was the armistice signed at Le Francport near Compiègne that ended fighting on land, at sea, and in the air in World War I between the Entente and their last remaining opponent, Germany. Previous armistices had been agreed with Bulgaria, the Ottoman Empire and Austria-Hungary. It was concluded after the German government sent a message to American president Woodrow Wilson to negotiate terms on the basis of a recent speech of his and the earlier declared "Fourteen Points", which later became the basis of the German surrender at the Paris Peace Conference, which took place the following year.

<span class="mw-page-title-main">Military occupation</span> Effective provisional control of one sovereign power over another sovereigns territory

Military occupation, also called belligerent occupation or simply occupation, is temporary hostile control exerted by a ruling power's military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling power's own sovereign territory. The controlled territory is called occupied territory, and the ruling power is called the occupant. Occupation's intended temporary nature distinguishes it from annexation and colonialism. The occupant often establishes military rule to facilitate administration of the occupied territory, though this is not a necessary characteristic of occupation.

The Karachi Agreement of 1949 was signed by the military representatives of India and Pakistan, supervised by the United Nations Commission for India and Pakistan, establishing a cease-fire line in Kashmir following the Indo-Pakistani War of 1947. It established a cease-fire line which has been monitored by United Nations observers from the United Nations since then.

<span class="mw-page-title-main">Twelve Years' Truce</span> Ceasefire during the Eighty Years War

The Twelve Years' Truce was a ceasefire during the Eighty Years' War between Spain and the Dutch Republic, agreed in Antwerp on 9 April 1609 and ended on 9 April 1621. While European powers like France began treating the Republic as a sovereign nation, the Spanish viewed it as a temporary measure forced on them by financial exhaustion and domestic issues and did not formally recognise Dutch independence until the Treaty of Westphalia in 1648. The Truce allowed Philip III of Spain to focus his resources elsewhere, while Archdukes Albert and Isabella used it to consolidate Habsburg rule and implement the Counter-Reformation in the Southern Netherlands.

<span class="mw-page-title-main">Geneva Convention on Prisoners of War</span> 1929 international agreement outlining rules for the humane treatment of prisoners-of-war (POWs)

The Geneva Convention on Prisoners of War was signed at Geneva, July 27, 1929. Its official name is the Convention relative to the Treatment of Prisoners of War. It entered into force 19 June 1931. It is this version of the Geneva Conventions which covered the treatment of prisoners of war during World War II. It is the predecessor of the Third Geneva Convention signed in 1949.

<span class="mw-page-title-main">Korean Armistice Agreement</span> 1953 end to Korean War hostilities

The Korean Armistice Agreement is an armistice that brought about a cessation of hostilities of the Korean War. It was signed by United States Army Lieutenant General William Harrison Jr. and General Mark W. Clark representing the United Nations Command (UNC), North Korea leader Kim Il Sung and General Nam Il representing the Korean People's Army (KPA), and Peng Dehuai representing the Chinese People's Volunteer Army (PVA). The armistice was signed on 27 July 1953, and was designed to "ensure a complete cessation of hostilities and of all acts of armed force in Korea until a final peaceful settlement is achieved."

<span class="mw-page-title-main">Armistice of Focșani</span> 1917 World War I armistice

The Armistice of Focșani was an agreement that ended the hostilities between Romania and the Central Powers in World War I. It was signed on 9 December 1917 in Focșani in Romania.

<span class="mw-page-title-main">Armistice between Russia and the Central Powers</span> 1917 de facto exit from World War I by Russia

On 15 December [O.S. 2 December] 1917, an armistice was signed between the Russian Republic led by the Bolsheviks on the one side, and the Austro-Hungarian Empire, the Kingdom of Bulgaria, the German Empire and the Ottoman Empire—the Central Powers—on the other. The armistice took effect two days later, on 17 December [O.S. 4 December]. By this agreement, Russia de facto exited World War I, although fighting would briefly resume before the Treaty of Brest-Litovsk was signed on 3 March 1918, and Russia made peace.

The Geneva peace talks on Syria, also known as Geneva III, were intended peace negotiations between the Syrian government and opposition in Geneva under the auspices of the UN. Although formally started on 1 February 2016, they were formally suspended only two days later, on 3 February 2016.

<span class="mw-page-title-main">Ethiopia–Tigray peace agreement</span> Peace treaty signed in 2022

The Ethiopia–Tigray peace agreement, also called the Pretoria Agreement or the Cessation of Hostilities Agreement (CoHA), is a peace treaty between the government of Ethiopia and the Tigray People's Liberation Front (TPLF) that was signed 2 November 2022, wherein both parties agreed to a "permanent cessation of hostilities" to end the Tigray war. The agreement was made effective the next day on 3 November, marking the second anniversary of the war.

Throughout the duration of the Iran–Iraq War, numerous efforts were made to halt hostilities and initiate discussions on the unresolved issues that precipitated the onset of the war; however, these endeavors proved unsuccessful. Iraq put forward a suggestion for a temporary suspension of hostilities lasting four days on 1 October 1980, a mere eight days after the commencement of conflict. Iran declined the offer. Khomeini issued a response on 4 October, in which he declined the offer of a truce and directed for the conflict to persist until a conclusive victory was attained, along with seeking retribution for Iraq's "crimes". U.S. and Soviet officials convened in Vienna on February 21–22, 1985, with the intention of addressing the ongoing Iran-Iraq war. However, President Reagan downplayed the significance of the meeting, stating that it was primarily an opportunity for both parties to exchange perspectives.

References

  1. Fisher, Allan G. B. (1944). "The Concept of a "Cooling-Off Period"". American Political Science Review. 38 (1): 104–110. doi:10.2307/1949428. ISSN   0003-0554. JSTOR   1949428. S2CID   147574315.
  2. "Armistice". Dictionary.com.
  3. Hague Convention of 1899 specifically, Laws of War: Laws and Customs of War on Land (Hague II); July 29, 1899; Chapter V.
  4. "FindLaw: Korean War Armistice Agreement: July 27, 1953". news.findlaw.com.

See also